Many people rely on doctors, pharmacists, nurses, and hospitals to provide medication safely in many different circumstances. When the wrong dose or drug is ingested, the consequences can be life-changing.
Many medication and prescription errors are preventable. If you have been injured as a result of such an error, you may be entitled to pursue a medical malpractice claim. If you or a loved one has suffered from a medication or prescription error due to the negligence of a healthcare provider, contact Bogoroch & Associates LLP for a free consultation. We work on a contingency fee basis, meaning there are no legal fees unless compensation is recovered.
Why Choose Bogoroch & Associates LLP for a Medication Error Claim?
Medication error claims may involve several healthcare providers. The prescribing doctor, pharmacy, hospital, and nursing staff may each have played a role.
Bogoroch & Associates LLP has more than 30 years of experience in complex medical malpractice cases.
Our lawyers work closely with leading experts in medicine, pharmacy, pharmacology, and other relevant specialties to investigate medication and prescription errors, assess whether the accepted standard of care was breached, and determine whether the error caused our clients' injuries. We prepare every case thoroughly and are always ready to proceed to trial when a fair settlement cannot be reached. The firm has been recognized by Canadian Lawyer as one of Ontario's Top 10 Personal Injury and Medical Malpractice Firms. This distinction reflects our longstanding commitment to providing exceptional advocacy and representation for every client.
How Our Medication Error Lawyers in Toronto Can Help
Our pharmacy malpractice lawyers take a comprehensive approach to investigating medication and prescription error claims. Depending on the circumstances of your case, we may:
- Obtain the hospital, physician, pharmacy, and follow-up records;
- Review prescriptions, labels, packaging, and dispensing records;
- Consult medical experts regarding standard of care and causation;
- Identify those who may be legally responsible;
- Assess damages, including income loss, pain and suffering, and future care costs;
- Negotiate a settlement; and
- Take the case to trial when necessary.
Medication Error Law in Ontario
A medication error is a preventable mistake involving the prescribing, dispensing, administering, or monitoring of a drug. A pharmacy error may involve the wrong medication, dose, instructions, or strength. A prescribing error may involve an unsafe dose, overlooking an allergy, a harmful interaction, or a failure to consider the patient’s overall condition.
Not every complication that arises amounts to malpractice. It is possible to have adverse outcomes even when proper care is provided.
Where a medication or prescription error is caused by negligence, compensation may be available for pain and suffering, lost income, the cost of past and future care, housekeeping and home maintenance, and other financial losses arising from the injury.
What is a Medication or Prescription Error?
A medication error is a mistake at any stage of the medication process. It may begin when a doctor writes the prescription, when a pharmacy prepares or labels it, when staff administers it, or when healthcare providers fail to monitor the patient’s response.
A prescription error refers more specifically to a problem with the drug ordered, including the medication, dosage, frequency, or instructions.
Common Types of Medication Errors
Prescribing Errors: A drug may be inappropriate for a patient based on several different factors that were not properly assessed or considered by the prescribing physician.
Dispensing Errors: A pharmacy may prepare a prescription incorrectly or provide medication intended for another person.
Dosage Errors: A dose may be too high, too low, given too often, or not adjusted when a person’s condition changes.
Wrong Medication: Similar drug names, packaging, data-entry mistakes, or inadequate final checks may lead to the wrong drug being provided.
Drug Interaction Errors: A dangerous interaction may be missed when medications should not be used together.
Allergy Failures: A known allergy may not be reviewed, recorded, or acted upon.
Administration Errors: Medication may be given to the wrong patient, at the wrong time, or in the wrong amount.
Monitoring Failures: Some drugs require blood tests, follow-up, or dose adjustments. Without proper monitoring, complications may go unnoticed.
Labelling Errors: Incorrect directions, warnings, drug names, or strengths can cause medication to be taken improperly.
Transcription and Communication Errors: Handwritten, verbal, electronic, or transferred prescriptions may be misunderstood or entered incorrectly.
Where Do Medication Errors Commonly Occur?
Medication errors may happen in pharmacies, hospitals, emergency departments, family practices, specialist clinics, surgical units, and long-term care homes.
Incomplete records and poor communication can increase the risk of a mistake, but each case must be reviewed on its own facts.
Who Can Be Held Liable?
Depending on how the mistake occurred, responsibilities may rest with:
- The physician or nurse practitioner who prescribed the medication;
- The pharmacist or pharmacy who dispensed it;
- Nurses or other staff who administered it;
- A hospital, clinic, or long-term care home; or
- Another healthcare organization responsible for unsafe systems or communication.
More than one party may share responsibility. The records must be reviewed before the proper defendants can be named.
How Do You Prove a Medication Error Claim?
To prove a medication error claim, there must be strong and compelling evidence. Relevant documents may include the original prescription, pharmacy records, medication administration records, hospital charts, physician notes, lab results, discharge instructions, and any follow-up records.
The medication container, label, receipt, remaining pills, and photographs can also be important and should be preserved, if possible.
Independent experts may be consulted on whether the care fell below the applicable standard and whether the error caused the injury. Other experts may be used to assess damages, such as the ability to work, as well as future care needs.
Compensation Available
Depending on the facts, compensation may include:
- Pain and suffering;
- Past and future income loss;
- Past and future care costs;
- Housekeeping costs.
The exact value of a claim depends on the specific case and the facts.
The Medication Error Claim Process
At Bogoroch & Associates LLP, the process begins with a free consultation. During this meeting, we will learn about your circumstances, answer your questions, and assess whether your injuries may have resulted from a medication or prescription error.
If further investigation is warranted, we will obtain and carefully review the relevant medical records, prescription records, pharmacy records, and other available evidence. Our drug prescription errors lawyers will also consult with qualified experts in medicine, pharmacy, pharmacology, and other relevant specialties to determine whether a medication or prescription error occurred, whether the accepted standard of care was breached, and whether the error caused your injuries.
Where the evidence supports a claim, we will commence a lawsuit on your behalf. The litigation process typically includes the exchange of pleadings, examinations for discovery, mediation, and settlement negotiations. While many cases are resolved before trial, our medication errors lawyers in Toronto are experienced trial advocates and are always prepared to take your case to court when a fair settlement cannot be reached.
Frequently Asked Questions
What is considered a medication error in Ontario?
It is a preventable mistake involving a drug’s prescribing, dispensing, administration, labelling, or monitoring. For a legal claim, the error must generally involve a breach of the standard of care that caused an injury.
Can I sue a pharmacy for dispensing the wrong medication?
A claim may be available where a pharmacy negligently dispensed the wrong drug, dosage, strength, or instructions and the mistake caused harm.
Can I sue a doctor for prescribing the wrong drug?
Possibly. The issue is whether the prescribing decision fell below the standard expected in the circumstances and caused the injury. A poor outcome alone does not prove negligence.
Who is responsible for a hospital medication error?
Responsibility may rest with a physician, pharmacist, nurse, hospital, or more than one party. The medical records are central to investigating who is responsible.
How do I prove a prescription error claim?
Most claims require medical and pharmacy records, evidence of the medication provided, and expert opinions addressing the standard of care, causation, and damages.
How much compensation can I recover?
The amount depends on the seriousness and duration of the injury, lost income, treatment costs, future care, and the effects on daily life.
How long do I have to file a medication error lawsuit?
Ontario’s basic limitation period is generally two years, but exceptions may apply. Speak with a lawyer as soon as possible to ensure you are within the timeframe to file a claim.
Speak to a Medication Errors Lawyer in Toronto Right Away
A serious medication or prescription error can leave patients and their families facing unexpected illness, permanent injury, financial hardship, and uncertainty about the future. If you believe you or a loved one has been harmed by a preventable medication error, contact Bogoroch & Associates LLP for a free consultation or call 416-599-1700.
Our firm acts on a contingency fee basis. This means you pay no legal fees unless we successfully recover compensation on your behalf.
Serving Clients Across Toronto & Ontario
Our personal injury lawyers and medical malpractice team serve clients in Toronto, Mississauga, Scarborough, Etobicoke, Vaughan, North York, York, Thunder Bay, Oakville, Burlington, Hamilton, Barrie, Sault Ste. Marie, Milton, the GTA, Ottawa, London, Brampton, Windsor, Markham, Guelph, Oshawa, Kingston, Sudbury, Newmarket, Peterborough, Whitby, Sarnia, Georgetown, Orangeville, Woodstock, Cornwall, Lakefield, Bancroft, and North Bay.
